privacy policy

    CRM, small Business software, small business applications

Terms & Conditions

BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, PerfectMIND.com, INC. AND THE CUSTOMER AGREE TO THE FOLLOWING TERMS AND CONDITIONS. YOU ARE NOT ELIGIBLE TO ENTER INTO THIS AGREEMENT IF YOU ARE WORKING FOR OR AFFILIATED WITH ANY OTHER CUSTOMER RELATIONSHIP MANAGEMENT ("CRM") PROVIDER OR DEVELOPER. PerfectMIND.com RESERVES THE RIGHT TO SUSPEND OR REVOKE YOUR USE LICENSE IF YOU ARE ATTEMPTING TO UTILIZE THIS SERVICE ON BEHALF OF ANY OTHER ENTITY THAT COULD CONCIEVABLY BE CONSIDERED COMPETITION OF PerfectMIND.com IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF PerfectMIND.com's ONLINE SERVICE. THE TERM "YOU" REFERS TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AND USERS, OR (2) AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY, AS DEFINED IN THE REGISTRATION INFORMATION PROVIDED TO PerfectMIND.com. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

Welcome

As part of the Service, PerfectMIND.com will provide the Customer with use of the Service, including a browser interface and data encryption, transmission, access and storage. The Customer's registration for, or use of, the Service shall be deemed to be the Customer's agreement to abide by this Agreement including any materials available on the PerfectMIND.com web site incorporated by reference herein, including but not limited to the Privacy and Security Statements. For reference, a Definitions section is included at the end of this Agreement.

1. Charges and Payment of Fees
The Customer shall pay all fees or charges to its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All billings are due and may be processed on the first day of the month in which payment is due. The initial charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. Payments may be made annually, quarterly, or monthly, consistent with the Initial Term, at the Customer's election. License fees are nonrefundable whether or not User licenses are actively used. All professional services fees along with any professional services carried out and equaling or less than five (5) hours will be automatically billed to the customer and does not require a formal proposal process. All professional services rendered by PerfectMIND.com servicing customer requests will become due at termination of contract if those fees have not already been paid by the customer. The Customer must provide PerfectMIND.com with valid credit card or approved purchase order information as a condition to signing up for the Service. An authorized License Administrator may add licenses by executing an additional written Order Form or using the Online Order Center. Additional licenses will be subject to the following: (i) additional licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the additional licenses will be the then current, generally applicable license fee; and (iii) additional licenses in the middle of a billing month will be charged in full for that billing month. PerfectMIND.com reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to the Customer, which notice may be provided by email. There are to be no refunds by PerfectMIND, all sales are final. A Free Product Trial is available to serve as a fair evaluation period prior to purchase.
2. Excess Data Storage Fees
The maximum disk storage space provided to the Customer at no additional charge is a cumulative of 10 MB per User license (50 MB for the professional and enterprise editions). If the amount of disk storage required exceeds this limit, the Customer will be charged the then current storage fees. PerfectMIND.com will use reasonable efforts to notify the Customer when the average storage used per license reaches approximately 90% of the maximum; however, any failure by PerfectMIND.com to so notify the Customer shall not affect the Customer's responsibility for such additional storage charges. PerfectMIND.com reserves the right to establish or modify its general practices and limits concerning storage of Customer Data.
3. Billing & Renewal
PerfectMIND.com charges and collects in advance for use of the Service. PerfectMIND.com will automatically renew and bill the Customer's credit card or issue an invoice to the Customer once a year on the subsequent anniversary for annual licenses. The renewal charge will be equal to the then current number of total User licenses times the then current license fee in effect at the time of renewal. Fees for other services will be charged on an as quoted basis, however any professional services equal to or less than 5 hours will be automatically billed to customer and do not require formal proposal. PerfectMIND.com's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on PerfectMIND.com's income.
The Customer agrees to provide PerfectMIND.com with complete and accurate billing and contact information. This information includes the Customer's legal company name, billing address, email address, and name and telephone number of an authorized billing contact and License Administrator. The Customer agrees to update this information within 30 days of any change to it. If the contact information the Customer has provided is false or fraudulent, PerfectMIND.com reserves the right to terminate the Customer's access to the Service in addition to any other legal remedies.

For credit card payers, invoices will be generated at the start of a license or billing period and the Customer's credit card will be charged simultaneously. If paying by other means, invoices will be generated at the start of a license or billing period and approximately one month in advance of the start of any renewal or subsequent billing period and shall be due within 30 days. The Customer's account will be considered delinquent (in arrears) if payment in full is not received by the license or billing period start date. Customer shall pay any and all collection costs incurred by PerfectMIND in collection of outstanding debts.

Unless PerfectMIND.com in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the Canada will be billed in CDN dollars and subject to Canadian payment terms and pricing schemes ("CDN. Customers"); (ii) entities with headquarters and a majority of users resident in other countries will be billed in U.S. dollars and subject to pricing schemes ("other Customers"); and (iii) all other entities will be billed in U.S. dollars and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of PerfectMIND.com ("Non-Canadian Customers").

If the Customer believes that the bill is incorrect, the Customer must contact PerfectMIND.com in writing within 30 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. If possible billing errors are not reported within the 30 day period all charges will be deemed to be correct.
4. Non-Payment & Suspension
In addition to any other rights granted to PerfectMIND.com herein, PerfectMIND.com reserves the right to suspend or terminate this Agreement and the Customer's access to the Service if the Customer's account becomes thirty (30) days or more delinquent (falls into arrears).
PerfectMIND.com reserves the right to impose a reconnection fee in the event the Customer is suspended and thereafter requests access to the Service. The Customer agrees and acknowledges that PerfectMIND.com has no obligation to retain the Customer Data and that such the Customer Data may be irretrievably deleted if the Customer's account is 30 days or more delinquent.
5. Privacy & Security
PerfectMIND.com's privacy and security policies may be viewed at www.PerfectMIND.com. PerfectMIND.com reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.

6. License Grants
PerfectMIND.com grants the Customer a nonexclusive, nontransferable worldwide right to use the Service, solely for the Customer's own internal business purposes subject to the terms of this Agreement. Subject to the terms of this Agreement, the Customer grants to PerfectMIND.com the nonexclusive, worldwide, right to use, copy, store, transmit and display the Customer Data solely to the extent necessary to provide the Service as requested by the Customer. The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content; (ii) modify or make derivative works based upon the PerfectMIND.com Technology or the Content; (iii) commercially exploit the Service or the Content in any way; or (iv) create Internet "links" to the Service or "frame" or "mirror" any Content contained in, or accessible from, the Service on any other server, wireless or Internet-based device. Furthermore, the Customer is not eligible for the Service if it is, or is affiliated with any other Customer Relationship Management ("CRM") provider, distributer, or software developer. PerfectMIND.com shall not use the Customer Data for any purpose other than to provide the Service to the Customer. All rights not expressly granted to the Customer are reserved by PerfectMIND.com and its licensors.
7. Restrictions
The Customer is permitted to store, manipulate, analyze, reformat, print, and display the Content only for your internal business use. Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. The Customer agrees not to reverse engineer the Service, or access the Service in order to (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; or (iii) copy any ideas, features, functions or graphics of the Service. The Customer shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third-party. The Customer shall not create Internet "links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service on any other server or Internet-based device. The Customer is advised to consult with its broker or other financial representative to verify pricing information prior to the execution of any security trade based upon the Content. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with the Customer or otherwise changed job status or function and no longer require access to the Service.
8. Third-Party Interaction
The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content; (ii) modify or make derivative works based upon the PerfectMIND.com Technology or the Content; (iii) commercially exploit the Service or the Content in any way; or (iv) create Internet "links" to the Service or "frame" or "mirror" any Content contained in, or accessible from, the Service on any other server, wireless or Internet-based device. PerfectMIND.com shall not use the Customer Data for any purpose other than to provide the Service to the Customer.
9. Customer Responsibilities
The Customer is responsible for any and all activities that occur under the Customer's user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service. The Customer shall: (i) notify PerfectMIND.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to PerfectMIND.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by the Customer or its Users; (iii) assure that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data; and (iv) not impersonate another PerfectMIND.com user or provide false identity information to gain access to or use the Service.
10. Account Information & Data
All data submitted by the Customer to the Service, whether posted by the Customer or by third parties, shall remain the sole property of the Customer or such third parties, as applicable, unless specifically notified in advance. The Customer, not PerfectMIND.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data, and PerfectMIND.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. In the event that the Customer terminates this Agreement (other than by reason of the Customer's breach), PerfectMIND.com will make available to the Customer a file of Customer Data within 30 days of termination notice if the Customer so requests. PerfectMIND.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, the Customer's non-payment. Upon termination for cause, the Customer's right to access or use Customer Data immediately ceases, and PerfectMIND.com shall have no obligation to maintain or forward any Customer Data.
11. Termination/Reduction in Number of Licenses
This Agreement commences on the Effective Date. The Initial Term of this Agreement will be one month, three months, or one year as determined by the Customer's election during the online subscription process, commencing on the date the Customer agrees to pay for the Service by completing the online subscription form. This Agreement will automatically renew, for a term equal in duration to the Initial Term, upon the expiration of the Initial Term or any renewal term. Either party may terminate this Agreement or reduce the number of licenses, effective upon the expiration of the then current term, by notifying the other party in writing via registered mail at least thirty (30) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event that the Customer terminates this Agreement (other than by reason of the Customer's breach), PerfectMIND.com will make available to the Customer a file of its Customer Data within 30 days of termination if the Customer so requests at the time notice of termination is given. The Customer agrees and acknowledges that PerfectMIND.com has no obligation to retain Customer Data, and may delete such Customer Data, more than 30 days after termination.
12. Termination for Cause
Any breach of the Customer's payment obligations or unauthorized use of the PerfectMIND.com Technology or Service will be deemed a material breach of this Agreement. PerfectMIND.com, in its sole discretion, may terminate the Customer's password, account or use of the Service if the Customer breaches or otherwise fail to comply with this Agreement. In addition, PerfectMIND.com may terminate a free account if the Customer does not first log on within 30 days after registration or if 90 days have passed since the Customer last logged on. The Customer agrees and acknowledges that PerfectMIND.com has no obligation to retain Customer Data, and will delete such Customer Data, if Customer has materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
13. PerfectMIND.com Cancellation Policy
All sales are final for first year of subscription; PerfectMIND customers may cancel their renewed contract within 30 days of renewal date in writing via registered mail and by paying PerfectMIND a $600.0 cancellation fee plus 50% of the remaining contract, with all payments being final and non refundable. If 30 days from date of renewal has expired, customer will be bound to pay PerfectMIND for an additional year of service for all registered users under customer's account. Customer will have 30 days from cancellation date to remove customer data from their PerfectMIND account.
14. PerfectMIND.com Ownership
PerfectMIND.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the PerfectMIND.com Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, PerfectMIND.com Technology or Intellectual Property owned by PerfectMIND.com to the Customer. The PerfectMIND.com name, the PerfectMIND.com logo, and the product names associated with the Service are trademarks of PerfectMIND.com or third parties, and no right or license is granted to use them.
15. Third Party Rights
During use of the Service, the Customer may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the Customer and the applicable third-party. PerfectMIND.com and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between the Customer and any such third-party. PerfectMIND.com does not endorse any sites on the Internet that are linked through the Service. PerfectMIND.com is providing these links to the Customer only as a matter of convenience, and in no event shall PerfectMIND.com or its licensors be responsible for any content, products, or other materials on or available from such sites. PerfectMIND.com provides its services to the Customer pursuant to the terms of this Agreement. The Customer recognizes, however, that certain third-party providers of ancillary software, hardware, or services may require the Customer's agreement to additional or different license or other terms prior to the Customer's use of or access to such software, hardware, or services on behalf of the Customer.
16. Representation & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. PerfectMIND.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online PerfectMIND.com help documentation under normal use and circumstances. The Customer represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Service and that the Customer's billing information is correct.
17. Mutual Indemnification
The Customer shall indemnify and hold PerfectMIND.com, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by the Customer of the representations and warranties; or (iii) a claim arising from the breach by the Customer or Users of this Agreement, provided in any such case that PerfectMIND.com (a) gives written notice of the claim promptly to the Customer (b) gives the Customer sole control of the defense and settlement of the claim (provided that the Customer may not settle or defend any claim unless it unconditionally releases PerfectMIND.com of all liability and such settlement does not affect PerfectMIND.com™s business or Service); (c) provides to the Customer all available information and assistance; and (d) has not compromised or settled such claim.

PerfectMIND.com shall indemnify and hold the Customer and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true, would constitute a violation of PerfectMIND.com of the representations or warranties; or (iii) a claim arising from breach of this Agreement by PerfectMIND.com; provided that the Customer (a) promptly gives written notice of the claim to PerfectMIND.com; (b) gives PerfectMIND.com sole control of the defense and settlement of the claim (provided that PerfectMIND.com may not settle or defend any claim unless it unconditionally releases the Customer of all liability); (c) provides to PerfectMIND.com all available information and assistance; and (d) has not compromised or settled such claim. PerfectMIND.com shall have no indemnification obligation, and the Customer shall indemnify PerfectMIND.com pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of the Customer's products, service, hardware or business process(s).
18. Disclaimer of Warranties
PerfectMIND.com and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content; PerfectMIND.com and its licensors do not represent or warrant that (i) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the service will meet the customer's requirements or expectations, (iii) any stored data will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the customer through the service will meet the customer's requirements or expectations, (v) errors or defects will be corrected, or (vi) the service or the server(s) that make the service available are free of viruses or other harmful components; (vii) the service and all content is provided to the customer strictly on an "as is" basis; and (viii) all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by PerfectMIND.com and its licensors.

19. Internet Delays
PerfectMIND.com's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. PerfectMIND.com is not responsible for any delays, delivery failures, or other damage resulting from such problems.
20. Limitation of Liability
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from the customer in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.
21. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to the Customer.
22. Local Laws and Export Control
This site provides services and uses software and technology that may be subject to the Laws of British Columbia export controls administered by the Canadian Government, the Canadian Revenue Agency Treasury Office of Foreign Assets Control, and other Canadian federal agencies and the export control regulations of the European Union.
PerfectMIND.com and its licensors make no representation that the Service is appropriate or available for use in other locations. If the Customer uses the Service from outside the Canada and/or the is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to Canadian law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the Canadian Government or appropriate European body for such purposes.
23. Notice
PerfectMIND.com may give notice by means of a general notice on the Service, electronic mail to the Customer's email address on record in PerfectMIND.com's account information, or by written communication sent by first class mail or pre-paid post to the Customer's address on record in PerfectMIND.com's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). The Customer may give notice to PerfectMIND.com (such notice shall be deemed given when received by PerfectMIND.com) at any time by any of the following: letter sent by confirmed facsimile to PerfectMIND.com at the following fax number: 604.983.0983; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to PerfectMIND.com at the following address: PerfectMIND.com, 110-980 West 1st Street, North Vancouver, BC  Canada V7P 3N4, addressed to the attention of: VP, Marketing.
24. Modification to Terms
PerfectMIND.com reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify the Customer by posting an updated version of this Agreement on the Service. The Customer is responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute the Customer's consent to such changes.
25. Assignment
This Agreement may not be assigned by the Customer without the prior written approval of PerfectMIND.com but may be assigned by PerfectMIND.com to (i) a parent or subsidiary; (ii) an acquirer of assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
26. General
With respect to the Canadian Customers, this Agreement shall be governed by British Columbia laws and controlling Canadian federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in BC, Canada. With respect to Non Canadian  Customers, this Agreement shall be governed by the laws of British Columbia, Canada, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the Customer and PerfectMIND.com as a result of this agreement or use of the Service. The failure of PerfectMIND.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PerfectMIND.com in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between the Customer and PerfectMIND.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
27. Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means this online services agreement, and any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the PerfectMIND.com web site specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by PerfectMIND.com from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to the Customer in the course of using the Service; "the Customer, Customer, You or Customer's" means the individual or legal entity, its directors, officers, affiliates agents, and employees, as identified in the registration and identification data provided to PerfectMIND.com via this web site. Companies or entities who provide similar services or software, including but not limited to Customer Relationship Management ("CRM"), Sales Force Automation ("SFA"), Enterprise Resource Planning ("ERP Software") or other such entities cannot be considered Customers unless specifically given clause through PerfectMIND. These entities are ineligible to use the service and are not permitted to sign up for it of their own accord. PerfectMIND reserves the right to revoke the accounts of any of these entities at its sole discretion without notice; "Customer Data" means any data, information or material provided or submitted by the Customer to PerfectMIND.com in the course of utilizing the Service; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date the Customer begins using the Service; "Initial Term" means the period during which the Customer is obligated to pay for the Service equal to the billing frequency selected by the Customer during the subscription process, i.e.; if the billing frequency is quarterly, the Initial Term is one quarter; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature; "License Administrator(s)" means those Users designated by the Customer who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms; "License Term(s)" means the period(s), excluding the Initial Term, during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s); "Order Form(s)" means the initial subscription for the Service and any subsequent order forms submitted online, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties and each such Order Form shall be incorporated into and become a part of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail; "Online Order Center" means PerfectMIND.com's online application that allows the License Administrator designated by the Customer to, among other things, add additional Users to the Service; "PerfectMIND.com" means PerfectMIND.com, Inc. a Delaware corporation, having its principal place of business at 5991 Spring Garden Road, Suite 850, Halifax, Nova Scotia, B3H 1Y6, Canada (collectively "PerfectMIND.com") "PerfectMIND.com Technology" means all of PerfectMIND.com's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Customer by PerfectMIND.com in providing the Service; "Service(s)" means the specific edition of PerfectMIND.com's online customer relationship management, billing, data analysis, and other corporate ERP Software services identified during the ordering process, developed, operated, and maintained by PerfectMIND.com accessible via http://www.PerfectMIND.com or another designated web site or IP address or ancillary services rendered to the Customer by PerfectMIND.com, to which the Customer is being granted access under this Agreement, including the PerfectMIND.com Technology and the Content; "System Administrator(s)" means those Users designated by the Customer who are authorized to create User accounts and otherwise administer the Customer's use of the Service; "User(s)" means Customers, employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by the Customer (or by PerfectMIND.com at the Customer's request).

Bulk Email Communication

Policy This Policy seeks to establish guidelines for all bulk email operations. We believe that following this policy will result in a healthier Internet presence and reputation, lower costs of doing business and better deliverability to the targets of our email activities.

This policy applies to all bulk emails sent from PerfectMIND using any email servers belonging to the company or its parent entity (PerfectMIND Inc) and/or any other associated entity.

Policy

Definitions

a.  Bulk Email: Email is considered to be Bulk Email if individual emails sent are substantially identical to emails sent to a large number of other individuals (rule of thumb: 15)
b. Unsolicited Email: Email is considered to be unsolicited if the recipients of the emails have unsubscribed from the mailing list
c. Spam: Email is considered to be Spam if it is bothBulk Email and Unsolicited Email, regardless of content.  It is illegal to send Spam emails
d. Bounce: an emails is considered Bounced, if for any reason it has not reached the intended audience
e. Unbouncing: The process of acting on bounced emails and clearing the bouncing reasons/blockers from the system

We collect customer information in an effort to improve your shopping experience and to communicate with you about our products, services, contests, and promotions. We recognize that it must maintain and use customer information responsibly. We do not sell or rent the information you provide to us online to third parties. If our information practices change in the future, we will let you know by posting the policy changes on our Web site. You will have the opportunity at that time to opt out of any new use of your information.

What kind of information do we collect?

We collect information (such as your name, e-mail address, mailing address, and phone and credit card numbers) that you provide when you place an order, register with us or participate in a contest, promotion or survey. We also maintain a record of your product interests and your purchases online.

How do we use your information?

When you make a purchase from us, we use your information to process your order. We will also send you e-mails to confirm your order, and we may need to contact you via phone, postal mail or e-mail if we have other questions regarding your order. When you register with us or participate in a contest or promotion you may choose to receive e-mails from us regarding our products, services, contests, and promotions. From time to time, we may also send you e-mails to help us learn more about your shopping preferences. In addition, we may use information about your product interests and purchases to help us improve our site design and your shopping experience.

How do I remove my information?

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us, either through e-mail, postal mail or by phone, please let us know by sending us an e-mail.

Please note that such requests may take up to 2 weeks to become effective. In addition, if you ask us to remove your name and address from our e-mail or postal mailing lists, we will maintain your name in a "do not mail" file to ensure that we can honor your request. Please also note that when you make a purchase, we will send you e-mails to confirm your order and may also need to contact you via phone, postal mail or e-mail if we have other questions regarding your order.

How do we protect kids' privacy?

Consistent with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a subscriber is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. Please note: we may nevertheless maintain a record of that person's name and address in a "do not register" file to avoid subsequent registration by a child under the age of 13.

What are cookies?

How do we use cookies on this site? A cookie is a small data file that Web sites often store on your computer's hard drive when you visit their sites. A cookie may contain information (such as a unique user ID), that is used to track the pages of the sites you've visited. We use cookies but do not store personally identifiable information in your cookie.

We use cookies in order to improve your shopping experience. When you visit our site, your cookie helps us keep track of your order as you shop at our site. If you are a registered customer, your cookie allows us to recognize you when you return to our site and provides you with access to your account information. If you register with or order from us, we also use cookies to monitor and maintain information about your use of our site. If you have not registered with or ordered from us, we may monitor and maintain information about your use of our Web site in a manner that does not identify you.In either case, this information helps us serve you better by improving our site design, as well as our products, services, contests, and promotions.

We also use cookies to track and maintain the identity of the Web site you visited immediately prior to ours to further improve our site design and to fulfill contracts with our business partners. We do not otherwise track any information about your use of other Web sites.

You can refuse cookies by turning them off in your browser. If you turn off cookies, though, we will not be able to track your order or enable you to make a purchase from our site. Nor will we be able to recognize you as a registered user to allow you access to your account information.

How do we make sure your order information is secure?

Protecting your order information is a priority for us. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information.

To check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https."

Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, you won't be able to connect to the server and therefore won't be able to place an order through an insecure connection. If you cannot access the secure server for any reason, please print our order form and place your order by phone.

Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an email to info@PerfectMIND.com.

 

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